Annapolis, MD asked in Employment Discrimination for Maryland

Q: I am being pressured by my employer to receive the Covid19 injection against my will. What is my recourse?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Although the EEOC has not directly answered the question, it appears vaccine mandates by employers are permissible, subject to some obligation to accommodate an employee's religious beliefs or disability (under the Americans With Disabilities Act) that precludes their vaccination. If an employee declines to obtain a COVID-19 vaccination due to a disability or religious belief, and the employer is unable to offer a reasonable accommodation, the employer can prohibit the employee from entering the workplace. Employers may be barred from terminating employees based on rights provided by EEO, state, or federal laws, depending on the individual circumstances. In other words, an employee may be entitled to telework or may be able to take leave under the Family and Medical Leave Act, the Families First Coronavirus Response Act, or the employer’s policies.

Employers who have adopted a vaccine mandate can require an employee to show proof of vaccination.

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